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Privacy issues allow blogger to contest
By Bill Hankins
The Paris News
Published July 25, 2007
Essent, parent company of Paris Regional Medical Center, and SuddenLink, an internet service provider, have reached an agreement in the lawsuit brought by PRMC against unknown bloggers.
SuddenLink had been ordered to release the name of the owner of the blog site by 62nd District Court Judge Scott McDowell, after PRMC accused the blogger of defaming the hospital and breaking the law in releasing patient confidential information.
McDowell gave Sudden-Link 20 days to release the name, but that deadline has passed, and the internet provider gave the court a further look at privacy laws.
Tuesday, a new order came down from the court addressing the privacy issue.
SuddenLink will be required to send notice requiring the addressee’s signature acknowledging receipt within three calendar days from entry of the order and informing the subscriber SuddenLink has been ordered to disclose his or her name and address.
SuddenLink then is ordered to advise the court and PRMC of the date the subscriber was notified.
Should the subscriber file a responsive pleading or opposition to disclosure of his or her name, SuddenLink will not be required to disclose the requested information unless and until the court considers and disposes of that challenge.
The subscriber has 10 days from receipt of the notice to provide a signature or refuse to sign and challenge the disclosure.
The lawsuit, filed in June, asks damages in an amount sufficient to compensate the hospital for its injuries and losses resulting from the defamation and business disparagement by the bloggers, and punitive damages for the “willful, malicious and reckless attacks” on the hospital’s reputation, goodwill and business opportunities.
PRMC contends on several occasions, a blogger published “false and misleading statements with malice, with a reckless disregard for the truth or falsity and with negligence in failing to ascertain the truth of the statements.”
In its suit, the hospital said the blogger falsely accused the hospital of criminal wrongdoing in the operation and management of the hospital, including but not limited to Medicare fraud.
The hospital said the bloggers’ statements were designed to and did harm to the plaintiff’s reputation and lowered the hospital in the estimation of the community and the medical services market and discouraged people from associating with the hospital.
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